In a letter sent this week to four U.S. senators, James Bauerle, a retired brigadier general from Indiana, asked legislators to support S. 357, the Furthering Asbestos Claims Transparency (FACT) Act.
A veteran of both Vietnam and Desert Storm, Bauerle advocates for Indiana-based service members, retirees, veterans, surviving spouses and their families. Bauerle serves as legislative chairman for The Military/Veterans Coalition of Indiana.
Bauerle urged Sens. Charles Grassley (R-IA), Patrick Leahy (D-VT), Dan Coats (R-IN) and Joe Donnelly (D-IN) to back the bill, which would require asbestos trusts to file quarterly reports to bankruptcy courts listing who has filed a claim, and, if applicable, how much money has been paid out to settle the claim. The bill aims to target fraudulent claims for funds set aside for those exposed to asbestos during their military service.
“I understand that benefits for asbestos victims, many of whom are veterans, already have exceeded $17.5 billion of the $36 billion set aside in the trusts,” Bauerle wrote. “What is most disturbing is the lawyers' fees are in some cases as high as 40 percent. Equally disturbing is that court cases and news reports have found some of the money was paid for fraudulent or inflated claims.”
Bauerle hopes to ensure that all asbestos victims, including veterans, receive adequate financial compensation, “rather than having the fund depleted by fraudulent claims and plaintiffs’ lawyers.”
“S. 357 will ensure that trusts have sufficient funds to pay legitimate claims by helping to eliminate fraud in the system,” Bauerle said. “I believe the FACT Act will not interfere with or delay asbestos victims' ability to file legitimate lawsuits or trust claims.”
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